International Trade

  • April 2, 2018

    Christmas Dinner No Ritual, Fed. Circ. Says In Duties Fight

    A Federal Circuit panel has affirmed that certain Christmas and Thanksgiving-themed decorative dinnerware imported by WWRD does not qualify for duty-free treatment, agreeing with the U.S. Court of International Trade that the dinners associated with those cultural holidays were not specific rituals.

  • April 2, 2018

    CIT Upholds Duties On Chinese Xanthan Gum Producer

    The U.S. Court of International Trade on Monday affirmed U.S. Department of Commerce determinations that Chinese producers of xanthan gum should pay a higher anti-dumping duty after it used the mirage of a middleman to skirt a duty on the food and cosmetics additive.

  • April 2, 2018

    Embraer Wins Dismissal In FCPA-Related Class Action Case

    A New York federal judge has dismissed a proposed securities fraud class action suit brought against Brazilian aerospace conglomerate Embraer SA alleging the company hid a “brazen and sprawling” corruption scheme, finding that Embraer disclosed everything it legally needed to in connection with an ongoing investigation into potential Foreign Corrupt Practices Act violations.

  • April 2, 2018

    Trump Threatens To Leave NAFTA, Says DACA Deal Is Off

    President Donald Trump on Sunday threatened to back out of the North American Free Trade Agreement with Mexico over its failure to stem unauthorized border crossings, and said a deal on a legislative replacement to the Deferred Action for Childhood Arrivals program was off.

  • April 2, 2018

    ArcelorMittal Gets OK Of $1.4B Award Over Steel Supply Pact

    A Minnesota federal judge signed off Friday on a request by an American subsidiary of global steel manufacturing giant ArcelorMittal SA to confirm a more than $1.38 billion arbitral award issued against Essar Steel Ltd. after a tribunal found that it failed to deliver on an iron ore pellet supply deal.

  • April 2, 2018

    Hatch Open To Extending Trade Law, With Conditions

    Senate Finance Committee Chairman Orrin Hatch, R-Utah, on Friday said that although he is open to extending the crucial Trade Promotion Authority law before July 1, he will need certain assurances that the Trump administration is committed to a true trade liberalization agenda.

  • April 2, 2018

    China Whacks $3B Of US Goods With New Tariffs

    The Chinese government enacted new tariffs covering nearly $3 billion worth of U.S. exports Monday, targeting pork, fruits, wines, pipes and various other products, escalating an acrimonious trade battle that began with U.S. duties on steel and aluminum imports.

  • March 30, 2018

    DOJ Must Give Journo Info On Corporate Monitor Candidates

    The U.S. Department of Justice must give a reporter the names of monitors nominated to verify corporations’ compliance with Foreign Corrupt Practices Act settlements and records relating to the selection process, a D.C. federal judge said Thursday, finding the public’s right to know outweighed any alleged privacy concerns.

  • March 30, 2018

    Lobster Thief Can Pursue On-The-Lam Appeal, 2nd Circ. Says

    The Second Circuit denied Manhattan federal prosecutors’ attempt to deep-six an appeal of an enhanced prison term and roughly $37 million financial penalty for notorious lobster bandit Arnold Bengis, rejecting the government’s claim that the appeal fails because Bengis is a fugitive.

  • March 30, 2018

    Fed. Circ. Favors ThyssenKrupp On Anti-Dumping Claim

    The Federal Circuit reversed a U.S. Court of International Trade decision preventing ThyssenKrupp from challenging 10 percent anti-dumping duties that were imposed on its German steel after the rule requiring them was revoked, finding Friday that the government’s contention the duties should have applied doesn’t make sense.

  • March 30, 2018

    TransCanada Wants Quick Win In Keystone XL Pipeline Row

    TransCanada Corp. urged a Montana federal judge on Friday to rule in its favor in a pair of lawsuits in which environmental and tribal groups are challenging the revival of its controversial cross-border Keystone XL pipeline.

  • March 30, 2018

    Goodwin Liu Talks Academia, Constitutional Law, Oxtail Stew

    California Supreme Court Associate Justice Goodwin Liu discusses his interest in constitutional law, the transition from academia to judgeship, and the challenges that Asian-Americans currently face in the legal industry, as well as some of his personal hobbies.

  • March 30, 2018

    Vietnamese Seafood Exporters Fight Anti-Dumping Duties

    The U.S. Department of Commerce erred in how it calculated anti-dumping duty rates for three Vietnamese seafood exporters as part of the government’s review of certain frozen fish fillets from the Asian country, according to complaints filed Thursday by the companies in the U.S. Court of International Trade.

  • March 30, 2018

    Prada's Alligator-Egg Arbitration Bid Gets Slapped Down

    A Florida federal judge on Thursday slapped down Prada’s request that she reconsider the fashion house's bid to quickly transfer to arbitration in Milan a goods shipper's $1.2 million lawsuit over a purchase agreement for alligator eggs and hatchlings.

  • March 30, 2018

    US Keeps Hammering China With New Trade Barrier Findings

    The Trump administration’s open rebuke of Chinese trade policy continued Friday as the White House released its annual update on commercial barriers around the globe and took broad swipes at Beijing’s rules shielding its largest industrial and technological companies.

  • March 30, 2018

    Lighting Co. Asks ITC To Probe LED Display Imports

    A Texas lighting manufacturer has hit 37 companies with a complaint at the U.S. International Trade Commission, accusing them of selling display panels that infringe its patents for modular light-emitting diode technology.

  • March 29, 2018

    Commerce Concludes Indonesian Co. Didn't Dump MSG

    The U.S. Department of Commerce has finalized its finding that an Indonesian exporter of the food additive monosodium glutamate did not dump its products in the U.S. at less than fair value, but corrected a calculation error in its published Federal Register notice on Thursday.

  • March 29, 2018

    Trial Court Disrespected China, Exporters Tell Justices

    Two Chinese exporters have defended the Second Circuit’s decision to toss a $147 million judgment against them for allegedly fixing vitamin C prices, telling the U.S. Supreme Court the trial court was “disrespectful” toward the Chinese government when it disregarded the country’s submissions in the case.

  • March 29, 2018

    Toyo Drops Chinese Co. From Tire Trade Dress Suit

    A California federal judge on Wednesday accepted Japan-based Toyo Tire’s bid to voluntarily dismiss its own claim against a Chinese company over alleged trade dress infringement, and in turn dismissed that company’s counterclaim against Toyo.

  • March 29, 2018

    Iranian Pleads Not Guilty To $115M Sanctions-Dodging Plot

    An Iranian national who serves as chairman of a Maltese bank was denied bail after he pled not guilty Wednesday in New York federal court to charges of evading sanctions, money laundering and bank fraud for allegedly funneling $115 million for a Venezuelan housing complex through the U.S. financial system.

Expert Analysis

  • E-Commerce Boom Means New Roles For Shipping Cos.

    Carlos Rodriguez

    The e-commerce explosion will continue in full force this year, and will bring transportation intermediaries — such as forwarders, nonvessel operating common carriers, customs brokers and indirect air carriers — more into the third-party logistics and fulfillment space. This is inevitable for those who intend to survive and grow, says Carlos Rodriguez of Husch Blackwell LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • The Base Erosion And Anti-Abuse Tax: An Introduction

    Introducing The Base Erosion And Anti-Abuse Tax

    The new base erosion and anti-abuse tax generally imposes a 10 percent minimum tax on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments. In this video, Daniel Nicholas and Margaret Pope of Eversheds Sutherland LLP offer a brief overview of the tax, and a simplified example of the BEAT calculation.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Why Blockchain’s Impact On The Retail Sector Is Growing

    Scott Kimpel

    Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • CFIUS Scrutiny Of Foreign Acquisitions Intensifies

    John Barker

    The environment for foreign investment in the United States is shifting. Most recently, the Chinese acquisition of MoneyGram was derailed after the Committee on Foreign Investment in the United States rejected proposals offered to try to mitigate national security concerns. At the same time, U.S. legislation to enhance CFIUS controls seems to be gaining momentum, say attorneys with Arnold & Porter.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Cos. Take Note: Singapore Plans Deferred Prosecutions

    Daniel Chia

    The government of Singapore recently announced that it may implement a deferred prosecution agreement framework, similar to those under the United States’ Foreign Corrupt Practices Act and the United Kingdom’s Bribery Act. Corporations doing business in Asia should review policies and procedures against illegal activity, say Daniel Chia and Kenneth Kong of Morgan Lewis & Bockius LLP.